Nickson v. Industrial Security Limited
In this case, our client was the employer, Industrial Security Limited. ISL was sued for wrongful dismissal by a 13-year security officer who had been fired as a result of breaching the company’s safety regulations. Mr. Nickson did not have a perfect performance record even before his dismissal, and he did not apply for many jobs after dismissal. The Court of Queen’s Bench concluded that ISL had dismissed Mr. Nickson for just cause (based on his safety violation as a culminating incident) and, in any event, that Mr. Nickson had failed to properly mitigate (or reduce) his damages. Our client called another employer as a witness, and that person testified that it would have hired Mr. Nickson if he had simply applied for work.
The Nickson case is significant in that it is one of few court decisions in which both the just cause and failure to mitigate defences were applied. The trial judgment was upheld by the Court of Appeal.